BARTHEEPAN Vs. EXECUTIVE OFFICER GUDALUR TOWN PANCHAYAT

JUDGEMENT

(1.) AS the facts relating to all writ petitions are one and the same, they are disposed of by this common order.

(2.) THE petitioners were all appointed on temporary basis in the vacancies available in the office of the 1st respondent by order dated 01.07.94. While the petitioners were working, a circular was issued by the Director of Town Panchayat, Chennai, directing all the Assistant Directors of Town Panchayats, who have to issue suitable instructions to the Executive Officers under their control to fill up the available vacancies of Sanitary Workers by the Executive Officer themselves after ensuring the following criteria: -

(3.) IN this background, learned counsel appearing for the petitioners submits that in pursuant to the circular dated 21.02.95 issued by the Director of Town Panchayats, the names of the petitioners were sponsored by the Employment Exchange in Na.Ka.No.X2/140/95, dated 08.06.95. Therefore, when the petitioners were appointed through employment exchange against regular vacancies as Sweeper, the 1st respondent, without any prior intimation and without complying with the principles of natural justice, terminated the the services of the petitioners. Immediately, the petitioners filed OA on the file of the Tribunal and the Tribunal granted interim stay of the order of termination from service passed by the 1st respondent. Subsequently, they are working as Sweeper under the control of the 1st respondent. In his further submission, it was submitted that the Government also in G.O.Ms.No.21, Municipal Administration and Water Supply (MC.3) Department, dated 23.02.2006, directed the appointing authorities, namely, Municipal Commissioners, Grade -III Municipal Commissioners and Commissioners of Municipal Corporations (except Chennai) to appoint the employees on consolidated pay and NMRs on daily wages on their roll as on 01.10.96 in respect of Municipalities and Municipal Corporations (except Chennai) and as on 31.12.1996 in respect of Grade -III Municipalities in the vacant posts and to regularise their services in the regular post from the date of issue of this order subject to the following conditions: -